Estate Agents (Education) Regulations 2004

Victorian Legislation Parliamentary Documents i Estate Agents (Education) Regulations 2004 S.R. No. 3/2004 TABLE OF PROVISIONS Regulation Page 1. Objectives 1 2. Authorising provision 1 3. Commencement 2 4. Revocation 2 5. Definition 2 6. Prescribed course for estate agents 2 7. Prescribed course for agents' representatives 2 8. Exemptions from estate agent course 3 9. Exemptions from agents' representatives course 4 __________________ SCHEDULES 5 SCHEDULE 1 5 SCHEDULE 2 6 SCHEDULE 3 7 SCHEDULE 4 10 ═══════════════ ENDNOTES 11 -- 1 of 12 -- Victorian Legislation Parliamentary Documents 1 STATUTORY RULES 2004 S.R. No. 3/2004 Estate Agents Act 1980 Estate Agents (Education) Regulations 2004 The Governor in Council makes the following Regulations: Dated: 28 January 2004 Responsible Minister: JOHN LENDERS Minister for Consumer Affairs STEPHANIE LENN Acting Clerk of the Executive Council 1. Objectives The objectives of these Regulations are— (a) to prescribe the courses of instruction and examinations for the licensing of estate agents under section 14(1)(a)(i) of the Estate Agents Act 1980; (b) to prescribe the courses of instruction and examinations for eligibility to be employed as an agent's representative under section 16(1)(b) of the Estate Agents Act 1980; and (c) to provide for certain exemptions under section 99(c) of the Estate Agents Act 1980. 2. Authorising provision These Regulations are made under section 99 of the Estate Agents Act 1980. -- 2 of 12 -- Victorian Legislation Parliamentary Documents S.R. No. 3/2004 Estate Agents (Education) Regulations 2004 2 3. Commencement These Regulations come into operation on 1 February 2004. 4. Revocation The Estate Agents and Agents' Representatives (Courses of Instruction and Examinations) Regulations 1995 1 are revoked. 5. Definition In these Regulations "the Act" means the Estate Agents Act 1980. 6. Prescribed course for estate agents (1) The course of instruction and examinations described in Schedule 1 are prescribed for the purposes of section 14(1)(a)(i) of the Act. (2) For the purposes of Schedule 1, a person is only to be considered to have passed the course if he or she has passed the course either— (a) within the 5 years immediately preceding the date of his or her application for an estate agent's licence; or (b) at any time and, within the 10 years immediately preceding the date of his or her application for an estate agent's licence, either— (i) has held an estate agent's licence; or (ii) was employed as an agent's representative for the equivalent of 2 years full time. 7. Prescribed course for agents' representatives (1) The course of instruction and examinations described in Schedule 2 are prescribed for the purposes of section 16(1)(b) of the Act. r. 3 -- 3 of 12 -- Victorian Legislation Parliamentary Documents S.R. No. 3/2004 Estate Agents (Education) Regulations 2004 3 (2) For the purposes of Schedule 2, a person is only to be considered to have passed the course if he or she has passed the course either— (a) within the 5 years immediately preceding the date he or she starts work as an agent's representative; or (b) at any time and, within the 10 years immediately preceding the date he or she starts work as an agent's representative, either— (i) has held an estate agent's licence; or (ii) was employed as an agent's representative. 8. Exemptions from estate agent course The following people are exempted from the operation of section 14(1)(a)(i) of the Act— (a) a person who has passed a course of instruction and the relevant examinations described in Schedule 3 within the 5 years immediately preceding the date of his or her application for an estate agent's licence; or (b) a person who has passed a course of instruction and the relevant examinations described in Schedule 3 at any time and, within the 10 years immediately preceding the date of his or her application for an estate agent's licence, either— (i) has held an estate agent's licence; or (ii) has held a sub-agent's licence or was employed as an agent's representative for the equivalent of 2 years full time. r. 8 -- 4 of 12 -- Victorian Legislation Parliamentary Documents S.R. No. 3/2004 Estate Agents (Education) Regulations 2004 4 9. Exemptions from agents' representatives course The following people are exempted from section 16(1)(b) of the Act— (a) a person who has passed a course of instruction and the relevant examinations described in Schedule 1, 3 or 4 at any time during the 5 years immediately preceding the date he or she starts work as an agent's representative; or (b) a person who has passed a course of instruction and the relevant examinations described in Schedule 1, 3 or 4 at any time and, within the 10 years immediately preceding the date he or she starts work as an agent's representative, either— (i) has held an estate agent's licence; or (ii) has held a sub-agent's licence or was employed as an agent's representative; or (c) a person who has held an estate agent's licence at any time during the 5 years immediately before the date he or she starts work as an agent's representative; or (d) a person— (i) who was a licensed sub-agent on 31 January 1990 and was licensed continuously from that date until 1 February 1995; and (ii) who has held a sub-agent's licence, or who was employed as an agent's representative, at any time during the 10 years immediately preceding the date he or she starts work as an agent's representative. __________________ r. 9 -- 5 of 12 -- Victorian Legislation Parliamentary Documents S.R. No. 3/2004 Estate Agents (Education) Regulations 2004 5 SCHEDULES SCHEDULE 1 Regulations 6, 9 The course of instruction required for the award of a Certificate IV in Property (Real Estate Agency Practice) and including a pass in the relevant written examinations administered by Vocational Education and Training Assessment Services (VETASSESS), or its successors in law, as the managing agent for the State-wide external examinations for the Office of Training and Tertiary Education or its successor in law for each of the following units of competency— PRDRE11A Provide property appraisal PRDRE15A Undertake property sale by private treaty PRDRE16A Monitor sales process PRDRE18A Lease property PRDRE19A Provide property management services PRDRE23A Maintain agency/client relationship PRDRE26A Conduct property sale by auction PRDRE28A Maintain trust account conducted by the registered education and training organisations approved by the Director under section 10A of the Act. __________________ Sch. 1 -- 6 of 12 -- Victorian Legislation Parliamentary Documents S.R. No. 3/2004 Estate Agents (Education) Regulations 2004 6 SCHEDULE 2 Regulation 7 The course of instruction and examinations required for the award of a Statement of Attainment for the Course in Property (Agents' Representatives) and including a pass in the relevant written examinations administered by Vocational Education and Training Assessment Services (VETASSESS), or its successors in law, as the managing agent for the State-wide external examinations for the Office of Training and Tertiary Education or its successor in law for each of the following units of competency— VBN723 Work effectively in the real estate industry VBN724 Address legal and ethical requirements of property sales VBN725 Address legal and ethical requirements of property management conducted by the registered education and training organisations approved by the Director under section 10A of the Act. __________________ Sch. 2 -- 7 of 12 -- Victorian Legislation Parliamentary Documents S.R. No. 3/2004 Estate Agents (Education) Regulations 2004 7 SCHEDULE 3 Regulations 8, 9 1. The course of instruction and examination required for the award of a Bachelor of Business Property (Agency and Marketing stream) by or under the authority of the Royal Melbourne Institute of Technology and started before 1 January 2000. OR 2. The course of instruction required for the award of a Certificate IV in Business (Estate Agency Practice) and including a pass in the written examinations administered by the Office of Training and Further Education's Examinations Branch for each of the following— Module ABH504 Real Estate Accounting Module ABH508 Real Estate Consumer Protection Module ABH510 Contract Law for Real Estate Module ABH511 Property Law Module ABH512 Residential Tenancies Module ABH522 Contracts for the Sale of Land Module ABH524 Property Appraisal conducted by or under the authority of any of the following educational institutions or their successors in law— Box Hill Institute of TAFE Barton Institute of TAFE Casey Institute of TAFE Central Gippsland Institute of TAFE East Gippsland Institute of TAFE Gordon Institute of TAFE Goulburn Valley Institute of TAFE Holmesglen Institute of TAFE Kangan Institute of TAFE Bendigo Regional Institute of TAFE Northern Melbourne Institute of TAFE Outer Eastern College of TAFE Sch. 3 -- 8 of 12 -- Victorian Legislation Parliamentary Documents S.R. No. 3/2004 Estate Agents (Education) Regulations 2004 8 Peninsula Institute of TAFE Royal Melbourne Institute of Technology South West Institute of TAFE Sunraysia Institute of TAFE Swinburne University of Technology The School of Mines and Industries Ballarat Limited Victoria University of Technology Wangaratta College of TAFE Western Melbourne Institute of TAFE Wodonga Institute of TAFE Wimmera Institute of TAFE OR 3. The courses of instruction and examination required for the award of— an Advanced Certificate in Estate Agency; or an Advanced Certificate in Real Estate; or a Certificate of Business Studies (Real Estate); or the Estate Agency Certificate conducted by or under the authority of any of the educational institutions listed in clause 2 of this Schedule or their predecessors or successors in law. OR 4. The following 16 units, or equivalent units, of the Certificate of Business Studies (Real Estate) started before 1 January 1987— Accounting 1 Accounting 2 Accounting for Real Estate A Accounting for Real Estate B Real Estate Valuations A Real Estate Valuations B Introduction to Law 1A Introduction to Law 1B Real Estate Law A Sch. 3 -- 9 of 12 -- Victorian Legislation Parliamentary Documents S.R. No. 3/2004 Estate Agents (Education) Regulations 2004 9 Real Estate Law B Real Estate Building Techniques A Real Estate Building Techniques B Real Estate Practice A Real Estate Practice B Middle Level English 1A Middle Level English 1B conducted by or under the authority of the educational institutions listed in clause 2 of this Schedule or their predecessors or successors in law. __________________ Sch. 3 -- 10 of 12 -- Victorian Legislation Parliamentary Documents S.R. No. 3/2004 Estate Agents (Education) Regulations 2004 10 SCHEDULE 4 Regulation 9 1. The course of instruction and examination required for the award of a Statement of Attainment for the— Course in Real Estate for Agents' Representatives Course in Sub agency Practice conducted by or under the authority of any of the educational institutions listed in clause 2 of Schedule 3 or their predecessors or successors in law. OR 2. The following 6 modules of the Certificate in Real Estate Operations— Module 101 Real Estate Industry Overview Module 211 Introduction to Property Management Module 221 Introduction to Property Sales Consulting Module 311 Tenancy Documentation Module 321 Sales Documentation Module 322 Sales Transactions conducted by or under the authority of any of the educational institutions listed in clause 2 of Schedule 3 or their predecessors or successors in law or conducted by the Real Estate Institute of Victoria Limited. OR 3. The course of instruction and examination required for the award of a Sub-Agents Preliminary Education Course Certificate conducted by or under the authority of any of the educational institutions listed in clause 2 of Schedule 3 or their predecessors or successors in law. ═══════════════ Sch. 4 -- 11 of 12 -- Victorian Legislation Parliamentary Documents S.R. No. 3/2004 Estate Agents (Education) Regulations 2004 11 ENDNOTES 1 Reg. 4: S.R. No. 179/1995. Endnotes -- 12 of 12 --